Whether you're an NRI managing property from abroad or simply can't be present for one specific transaction, you'll likely need some form of Power of Attorney. The question is: General (GPA) or Special (SPA)? Getting this wrong means either handing over more authority than you need, or drafting something too narrow to actually get the job done.
GPA vs SPA - Side by Side
| Feature | General POA (GPA) | Special POA (SPA) |
|---|
| Scope of authority | Broad - multiple actions (sell, lease, mortgage, manage, collect rent, appear in court) | Limited - one specific, named task |
| Duration | Until revoked or the principal dies | Expires once the task is completed |
| Risk level | Higher - agent has wide-ranging powers | Lower - agent's authority is narrowly bounded |
| Typical use | NRIs managing property long-term from abroad | Selling one specific property, one SRO appearance, one bank transaction |
| Stamp duty (Delhi) | Same as Sale Deed (4-7%) if it involves consideration | Rs.100 to Rs.500 typically |
| Can it transfer ownership? | No - only authorises actions, never transfers title | No - same limitation applies |
| Recommended for | Genuine, ongoing property management needs | One-time or narrowly defined transactions |
Why Default to SPA, Not GPA
A GPA authorises your agent to act almost as broadly as you could yourself - sell, lease, mortgage, collect rent, appear in court, and more. That's a lot of exposure if the relationship with your agent changes, or if the document is ever misused. An SPA, by contrast, is scoped to exactly the task you name, and automatically stops being valid once that task is done.
In practice, most people asking about Power of Attorney for property in Delhi have one specific need - not an ongoing management requirement. Common SPA scenarios include:
- Signing a Sale Deed on your behalf for one already-agreed transaction
- Appearing at the SRO for one specific registration when you can't be present
- Signing bank loan/mortgage paperwork for one specific transaction
- Collecting a specific document or certificate on your behalf
Rule of Thumb: If you can describe your need in one sentence with a clear end-point ("sign the Sale Deed for my flat in Rohini"), you need an SPA. If your need is open-ended and ongoing ("manage my property while I'm abroad for the next several years"), a GPA may genuinely be appropriate.
Neither GPA Nor SPA Transfers Ownership
This is worth repeating because it's widely misunderstood: neither a GPA nor an SPA transfers ownership of property. The Supreme Court (Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, 2011) ruled that property transfers based on Power of Attorney alone are not valid sales. A POA - general or special - only authorises someone to act; a registered Sale Deed (or Gift Deed, as applicable) is what actually transfers title.
Also Note (2026 Update): As of an 8 July 2026 order, GPA given to anyone outside a blood relation (parents, spouse, children, siblings) is no longer directly registered by the Sub Registrar in Delhi - such cases are now referred to the Collector of Stamps to determine whether full Sale Deed stamp duty applies. This makes the SPA route even more relevant for non-blood-relation representatives.
Can an SPA Be Reused?
No. Once the specific task named in an SPA is complete, the document is spent - it cannot be reused for a different or later transaction. If you anticipate needing representation for multiple future matters, that ongoing need is what a GPA is actually meant for; don't try to stretch an SPA beyond its stated scope.
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